Terms of Service
Thank you for choosing PasswordBox! We hope that you will enjoy all of the great features of our unique website and proprietary PasswordBox application (the "PasswordBox Application") and the services we provide (the "Services") as detailed below.
Amendments. PasswordBox may modify the Terms of Service from time to time at its sole discretion and will post a copy of the amended Terms of Service on the Website, so we encourage you to review them periodically. If you do not agree to, or cannot comply with, the Terms of Service as amended, you are not authorized to use the Website, the PasswordBox Application or the Services. You will be deemed to have accepted the Terms of Service as amended if you continue to use the Website, the PasswordBox Application or the Services after any amendments are posted on the Website. We reserve the right to refuse to provide the Services, including the PasswordBox Application to anyone at any time.
PLEASE READ ALL THE TERMS OF SERVICE CAREFULLY.
Your Agreement for the access and use of the Website, the PasswordBox Application and the provision of the Services. Accessing or using the Website, or downloading or using the PasswordBox Application and/or the Services, confirms your acceptance of and agreement with the provisions of the Terms of Service without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Service, you are not authorized to access or use the Website, the PasswordBox Application or the Services. You may be denied access to the Website, the PasswordBox Application and the Services, with or without notice to you, if you do not comply with any provision of the Terms of Service.
- Registration & Scope of Services
- Prohibited Acts
- Service Interruptions
- Cancelling & Termination of Your Account
- Intellectual Property
- Limitation of Liability & Indemnity
- Automatic Renewal
- Use of Aggregate Data
1. Registration & Scope of Service
We restrict access to the Services and the download of the PasswordBox Application on hardware devices (computer or mobile device/smartphone) to registered users only.
Different Services will be made available to you depending on whether you use the Services via the Website only or if you download the PasswordBox Application (and we highly recommend that you do!).
You agree to provide truthful and accurate account information, including but not limited to a username, master password, name and valid email address (collectively, your "Account Information"). You may not be required to provide some or all of the Account Information if you register through one of our social networking partners, such as Facebook or Twitter.
You agree to update your Account Information as necessary to keep it accurate.
Services Accessible via the Website and Application
If you decide to use the Services you will have access to the following features:
When the Application is open it will automatically detect passwords while you browse and encrypt them on your device with your master password in order to save them to your PasswordBox. You can decide to turn off this feature at any time in the settings section of the PasswordBox Application.
When the Application is open it will automatically fill in, on the web pages you are visiting, the username and password of the online accounts you have stored in PasswordBox for that web page and will automatically log you in.
We strive to provide you with a PasswordBox Application that works on each platform and for every website, so if your platform or website is not recognized, please contacts us at http://customersupport.mcafee.com and we will let you know if the Services will be available soon for your platform or website.
By downloading the PasswordBox Application, you understand and expressly agree that the PasswordBox logo (box) will be installed and will appear on your browser or your mobile OS in order to quickly access the PasswordBox Application.
As part of the installation process of the Application, the Application may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available in your Internet Browser. Such changes may include the following: the homepage of your Internet Browser, the default search engine in your Internet Browser's built-in search box, the page displayed when opening a new tab.
Digital Identity Management
The PasswordBox Application is a digital identity management service that gives you the ability to save your passwords, credentials, frequently visited websites and favorite websites by storing all passwords, notes and form-filling data. Your passwords will be encrypted on your device using a master password that only you know. You only need to remember this master password to open your PasswordBox and decrypt your encrypted passwords on your device. After being encrypted on your device your passwords will be sent to PasswordBox in an encrypted format through a secure connection for storage in order to enable synchronization with your other devices. PasswordBox never stores your master password on any server so your passwords cannot be retrieved by anyone but you.
Transfer of Digital Assets in Case of Death
The Services allow you to transfer the login information of your important digital assets such as websites, email accounts, social media accounts and sharing sites (collectively such login information is referenced as “Digital Assets”) to your designated heirs (“Heirs”). Upon your death, your Heirs are responsible for contacting PasswordBox and providing necessary proof of death such as a death certificate and identification before being granted access to your Digital Assets in accordance with the instructions contained in your account. PasswordBox will verify your death certificate with the relevant authorities to avoid fraud. You may change, modify, revoke or delete your Heirs at anytime by logging into your account.
Sharing of Digital Assets
The Services also allow you to share the login information of your important Digital Assets with your designated sharee ("Sharee") with end-to-end encryption. There are many things that Sharee may do with those Digital Assets (for example, copy, modify, or re-share them). Please consider carefully what you choose to share. PasswordBox is not responsible for any sharing of Digital Assets by you and disclaims any liability or responsibility in respect of your sharing of Digital Assets.
Social Sharing Functionality and Third Party Sites
The Website, the PasswordBox Application and the Services may utilize social networking (e.g., Twitter, Facebook etc.) or may contain links to third party sites or resources that are not owned or controlled by PasswordBox. PasswordBox has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website, the PasswordBox Application and the Services, you expressly relieve PasswordBox from any and all liability, loss or damage (direct, indirect, special, incidental, punitive or otherwise) arising from your use of any share functionality or third-party site or resource accessed from the Website, the PasswordBox Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice.
PasswordBox and/or its authorized partners/associations/organizations/affiliates which participate in the growth of the Services may present advertisements or promotional materials on or through the Website and/or the PasswordBox Application. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website and/or the PasswordBox Application are solely between you and such third party and your participation is subject to the terms and conditions associated with such third-party’s advertisement or promotion. You may opt-out of seeing advertisements in your account settings. You agree that PasswordBox is not responsible or liable for any loss or liability, loss or damage (direct, indirect, special, incidental, punitive or otherwise) incurred as a result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the PasswordBox Application. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute an express or implied endorsement, sponsorship or recommendation of same by PasswordBox.
The Services allow you to upload personal content of your choice (“Personal Content”). To the extent you select the options in your account enabling PasswordBox to transmit such Personal Content to other persons, you hereby grant PasswordBox a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display the Personal Content you provided on the Website in the performance of the Services and in accordance with your Instructions. You also hereby grant each user of the Service or Website, including your Heirs, a non-exclusive license to view the Personal Content and to use, reproduce, distribute, display and perform such Personal Content as permitted through the functionality of the Website and in accordance with your Instructions. It is your responsibility when uploading Personal Content to select the appropriate private, semi-private or public functionalities of display of such Personal Content that you wish to apply to such Personal Content. PasswordBox reserves the right to disclose any information including your Personal Content in order to comply with any applicable laws, regulation, legal process or governmental request or to edit, modify, refuse to post or remove any such information, in whole or in part, at its sole discretion. You also understand and agree that PasswordBox may retain, but not display, distribute, or perform, server copies of your Personal Content that have been removed or deleted.
2. Prohibited Acts
So that the Website, the PasswordBox Application and the Services are available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not permit or enable a third party to:
- access or attempt to access any of the Services by any means other than through the Website or the PasswordBox Application or use automated tools to operate the Services (scripts, etc.); or
- use the Website or the PasswordBox Application in a way that (or display, post, transmit or otherwise make available UGC (User-Generated Content) on or through the Website or the PasswordBox Application that) (i) violates the terms of the Terms of Service; (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the PasswordBox Application, the Services or any server or network involved with the operation of the Website, the PasswordBox Application or the Services; (ix) collects or "harvests" from the Website or the PasswordBox Application the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or (x) otherwise violates any local, national or other applicable law or regulation.
ANY USE OF THE WEBSITE, SERVICES OR THE PASSWORDBOX APPLICATION NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT PASSWORDBOX'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
Any misuse of the Services may be reported to http://customersupport.mcafee.com.
3. Service Interruptions
You acknowledge that: (i) your access to and use of the Website, the PasswordBox Application and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the PasswordBox Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website, the PasswordBox Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website and/or the PasswordBox Application or the occurence of any other event that we determine, in our sole discretion, would constitute a risk to the applicable Service, the Website or the PasswordBox Application, to you or to any of other users; or (c) in the event we determine that any Service is prohibited by law or we otherwise determine that it is necessary or advisable to do so for legal or regulatory reasons (collectively, "Service Interruptions").
PasswordBox shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Notice of Interruption
To the extent possible, we will endeavour to post updates on the Website regarding any Service Interruption and resumption of service following any suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Your use of the Services, of the Website and of the PasswordBox Application may be affected by the performance and compatibility of your hardware, software and Internet access. Meeting system requirements is your responsibility.
PasswordBox will use reasonable commercial efforts to ensure that the Server(s) are linked to the Internet on an ongoing basis, subject to the provisions hereof, including without limitation, provisions dealing with maintenance, backups and system availability.
PasswordBox will use reasonable commercial efforts to make the Services available online to end-users 24 hours a day and 7 days a week, through a link to the Server(s), with maximum uptime availability in accordance with the SLA of our service provider.
You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including your master password) and for restricting access to your hardware device while logged into the Website or using the PasswordBox Application. You agree to accept responsibility for all activities that occur under your account or from your hardware device.
We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Website, the PasswordBox Application or their contents. You agree to immediately notify PasswordBox of any unauthorized use or your account, or any other breach of security at http://customersupport.mcafee.com and you accept all risks of unauthorized access to the Website, the PasswordBox Application, your Account Information and any other information you provide to PasswordBox and hereby unconditionally relieve PasswordBox of any liability in that respect.
Disclaimer and Indemnity
PasswordBox will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless PasswordBox, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal use of your account.
5. Cancelling & Termination of Your Account
Cancelling Your Account
You can cancel your account at any time by contacting http://customersupport.mcafee.com with your request.
You may also cancel your account by transferring your Digital Assets from PasswordBox to a different identity management product (“Different Identity Management Product”). We may (but are not required) to offer to assist you in transferring your Digital Assets to a Different Identity Management Product. If we transfer your Digital Assets, you acknowledge that as part of that process your Digital Assets will be permanently deleted from PasswordBox and your PasswordBox account will be automatically cancelled. Our refund policy for cancelled accounts is available at http://customersupport.mcafee.com/FAQDocument.aspx?lc=1033&id=IN10040. Your rights and obligations with respect to the Different Identity Management Product you have selected will be governed by the terms and conditions associated with that product.
Termination by PasswordBox
PasswordBox may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section "Warranty Disclaimer" (see Section 7 below).
End of Life
All products and services are eventually discontinued (“End of Life”). The decision to cease distribution and support of a product or service may be based upon a number of factors, including changes in technology, licensing and support considerations, declining consumer demand, and/or the availability of a newer product with more advanced features. In advance of ending distribution and support for PasswordBox, we will provide all users with advance notice of the End of Life of the product by emailing users at the email address associated with their account and/or posting such notice on the website. In such event, even after support is no longer available, you will be able to access your Digital Assets via the PasswordBox app on your mobile device for an extended period that is communicated well in advance via our website and/or email. You will be able to continue to use PasswordBox until the later of: (i) the End of Life Date, or (ii) the last day of the current term (as of the date End of Life notice is posted or emailed) of an auto-renewed subscription, where applicable.
All provisions of the Terms of Service which by their nature should survive expiration or termination of your account or use of the Services, the PasswordBox Application or access to the Website shall survive the expiration or termination of your account or use of the Services, the PasswordBox Application or access to the Website, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the PasswordBox Application shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to PasswordBox, including without limitation any indemnification obligations contained herein.
To uninstall the PasswordBox Application, visit the uninstall instructions.
6. Intellectual Property
Grant of License
PasswordBox grants you a non-exclusive, non-transferable, worldwide, revocable license to access and use the Website, the PasswordBox Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the PasswordBox Application and the Services are made available to you for your personal, non-commercial use only. You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services, the use of the Website or the PasswordBox Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website and/or the PasswordBox Application, in whole or in part.
Reservation of Rights
PasswordBox reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
Trademarks & Copyright
The following are trademarks (registered or not) of PasswordBox: "PasswordBox", "PasswordBox.com", "Never Forget A Password Again", as well as certain other PasswordBox trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website or the PasswordBox Application and the provision of Services. The Website and/or the PasswordBox Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks"). The Other Trademarks remain the property of their respective owners.
All content displayed on the Website and through the PasswordBox Application as well as all the software (including any source code) used in connection with the Services is the exclusive property of PasswordBox or third parties and is protected by copyright laws.
Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the PasswordBox Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of PasswordBox or respective owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. You also agree that you may not mirror any material contained on the Website or made available through the PasswordBox Application.
If you choose to communicate suggestions for improvements to the Website, the PasswordBox Application or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all your moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) PasswordBox is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) PasswordBox shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) PasswordBox may be aware of developments, ideas or inventions similar to the Feedback already under consideration or in development as of the date you provide Feedback; and (v) you are not entitled to any compensation or reimbursement of any kind from PasswordBox under any circumstances in relation with the provision of Feedback or otherwise.
"AS IS" BASIS
THE WEBSITE, THE PASSWORDBOX APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE DOWNLOAD OF THE PASSWORDBOX APPLICATION AND/OR ANY USE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE, LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF THE PASSWORDBOX APPLICATION AND/OR USE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PASSWORDBOX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. PASSWORDBOX MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE PASSWORDBOX APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PASSWORDBOX DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
PASSWORDBOX MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PASSWORDBOX APPLICATION AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE. WITHOUT PRIOR NOTICE, PASSWORDBOX MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND/OR THE SERVICES. IF PASSWORDBOX ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND/OR THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE PASSWORDBOX APPLICATION (INCLUDING BUT NOT LIMITED TO UGC) IS AT YOUR OWN RISK. PASSWORDBOX DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Third Party Content
SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE PASSWORDBOX APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UGC). YOU ACKNOWLEDGE THAT PASSWORDBOX ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
8. Limitation of Liability & Indemnity
Limitation of Liability
Under no circumstances are we, our affiliates, or our suppliers liable to you for any: (a) indirect, special, incidental, or consequential damages; (b) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, and (c) damages for loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, Computer failure or malfunction, loss of data, or negligence of any kind, or for any other NONDIRECT damage or loss.
In no event will our, our AFFILIATES' or our suppliers' aggregate liability to you for direct damages exceed the price you paid for the APPLICABLE Software OR SERVICES, or US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).
YOU WILL INDEMNIFY AND HOLD PASSWORDBOX, ITS OFFICERS, DIRECTORS, AFFILIATES, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND/OR THE SERVICES CAUSED TO PASSWORDBOX OR A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE PASSWORDBOX APPLICATION AND/OR THE SERVICES.
No agency, partnership, joint venture, or employment is created between you and PasswordBox as a result of the Terms of Service and you do not have any authority of any kind to bind PasswordBox in any respect whatsoever.
The substantive laws that govern the Terms of Service and under which it is construed are determined as follows:
- State of New York, USA Applies. If you purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean, the Terms of Service is governed by New York law without regard to its choice-of-law rules.
- Province of Ontario, Canada Applies. If you acquired this Software in Canada, unless expressly prohibited by local law, the Terms of Service is governed by the laws in force in the Province of Ontario, Canada.
- Japan Applies. If you acquired the Software in Japan, the Terms of Service is governed by Japanese law without regard to its choice-of-law rules.
- Applicable Law for Europe. If you acquired the Software in the European Union, Iceland, Norway, or Switzerland, then national law applies.
- Applicable Law for Other Countries. If you acquired this Software in any country not addressed in this Section, then the Terms of Service is governed by Irish law without regard to its choice-of-law rules.
- Expressly Excluded Laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Terms of Service.
- Rights of Individual Consumer. If you are an individual consumer, this Section does not affect any mandatory right you may have to take action in your country of residence and under the laws of that country.
Arbitration and Dispute Resolution.
YOU AND PASSWORDBOX BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION, OR IF APPLICABLE, IN SMALL CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU AS AN INDIVIDUAL THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THE TERMS OF SERVICE AND FOLLOW THE SAME LAW AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND PASSWORDBOX ALSO BOTH AGREE THAT:
- THE UNITED STATES FEDERAL ARBITRATION ACT APPLIES TO THE TERMS OF SERVICE. EXCEPT FOR SMALL CLAIMS COURT CASES AS DESCRIBED IN SUBSECTION (B), ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE TERMS OF SERVICE OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB").
- A CLAIM CAN BE BROUGHT IN SMALL CLAIMS COURT, RATHER THAN ARBITRATION, IF THE REQUIREMENTS OF APPLICABLE LAW ARE MET, SUCH AS THOSE REGARDING THE AMOUNT OF THE CLAIM AND VENUE.
- UNLESS YOU AND PASSWORDBOX AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF US$10, 000 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE. FOR CLAIMS OVER THIS AMOUNT, THE ARBITRATION WILL BE A HEARING IN PERSON.
- NO CLASS OR COLLECTIVE ARBITRATIONS ARE ALLOWED EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM. NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THE TERMS OF SERVICE.
- IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING ARBITRATION. NOTICE TO PASSWORDBOX SHOULD BE SENT TO PASSWORDBOX, 4200 St Laurent Suite 610 Montréal, QC Canada H2W 2R2, ATTENTION: LEGAL AFFAIRS. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND PASSWORDBOX ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
- WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM.
- AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
- IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (D) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND PASSWORDBOX AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND PASSWORDBOX UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE TERMS OF SERVICE OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected.
If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the PasswordBox Application, their content or the Services you were provided, please contact us at http://customersupport.mcafee.com.
You may select the Services for the duration of the term selected and choose the applicable frequency of payment. All prices quoted are payable in American Dollars, except if stated otherwise on your order confirmation. PasswordBox reserves the right to correct any errors in pricing or service information and to modify the prices of the Services, at any time and without prior notice. Payment for Services and applicable taxes shall be made in advance by credit card. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
All taxes applicable are in addition to the prices indicated for services. In the event that withholding taxes are applicable on the Services in your jurisdiction, it is agreed that the amount of your invoices shall be grossed up by an amount equivalent to the amount of the withholding tax that you are legally obliged to withhold in accordance with applicable laws so that PasswordBox may receive the total net amount of the invoices without any deduction or withholding. You agree to collaborate with PasswordBox to give effect to the present provision and to execute any document that may be necessary in virtue hereof.
13. Automatic Renewal
Effective Term. Unless terminated earlier, the Terms of Service is effective for the subscription term set forth in the Documentation. If no term is agreed to, the default term is one year from the date you buy the Software. If you received a lifetime subscription, your subscription is good until the End of Life of the product. For free versions of the Software, the Terms of Service is effective for as long as we make the Software available to you.
Renewal Notices. To the extent required by law, when your term is close to expiring, we will send notices to the e-mail address you provided when you subscribed. If you automatically renew your subscription of one year or more, we will notify you of the pending charge for renewal and confirm that your subscription has been renewed.
Automatic Renewal and Its Effects. If you have given us a valid credit-card number or an alternative payment method, we will automatically charge you and renew your subscription for another term when each term expires. The fee will not exceed the current price, excluding promotional and discount pricing. The new term will be the same length as the expired term unless otherwise specified by us at the time of renewal. For subscriptions of one year or more, this renewal and your payment will be processed within 30 days before the current term expires and each anniversary thereafter. We will inform you of your account status and any changes to the terms and conditions of your subscription in accordance with local law.
14. Use of Aggregate Data
We and our affiliates may use data about your account, data that you provide to us in response to surveys or questionnaires, and data that you provide to us as feedback, anonymized and aggregated with data about other users in such a way that neither you nor any other user is identified, to help us improve our Products and Services and in communications about our Products and Services.